| The gross medical negligence in the objective performance is the medical personnel violate the medical care,subjective performance for the medical personnel is negligence or too confident.Article 335 of the Criminal Code provides that only serious acts of irresponsible medical personnel are punished,but what is serious irresponsibility is not clearly defined.On the basis of summarizing medical criminal cases in China and Britain,I find out that the judges according to the medical attention and care judge gross negligence,in the case,consider the regional,temporal differences,excluding medical accident penalties. |
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